Neutral Citation No. - 2025:AHC:91326 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 1902 of 2025 Petitioner :- Chandu Kha Respondent :- State of U.P. and Another Counsel for Petitioner :- Avnish Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the summoning order dated 29.01.2024, passed by learned Special Chief Judicial Magistrate, Meerut, in Complaint Case No.3178 of 2023 (Rijwan v. Chandu Kha) as well as the order dated 18.10.2024 passed by Additional District & Sessions Judge, Court No.18, Meerut in Criminal Revision No.125 of 2024 (Chandu Kha v. State of UP & anr). 3. From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the petitioner. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court, only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. 4. Accordingly, prayer of the petitioner is refused. 5. However, in view of the submissions, it is provided that in case the petitioner moves an application for discharge through counsel within three weeks, the same shall be disposed of by the trial court by a reasoned and speaking order in accordance with law within two weeks thereafter. 6. Till the disposal of the discharge application, no coercive action shall be taken against the petitioner. 7. With the aforesaid direction, this petition is disposed of. Order Date :- 27.5.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad